Samuel Tawiah Intsiful V. Henry Charles Christianalias Kofi Ampah (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim by one executor to have will established—Remaining executor renounced probate and entered caveat—Caveator contended testator not competent to execute will by reason of infirmity—What amounts to infirmity invalidating a will.

Facts

The plaintiff was the appellant. The trial Court held that owing to the feeble state of health and bad eyesight of the testator he was not competent at the time of execution of his will to make a will. The trial Court accordingly held that the testator died intestate and gave judgment for the defendant.

Held

The evidence showed that the testator at the time of making his will knew what he was doing and the will was valid.

Appeal allowed.